3 


62 d Congress, | HOUSE OF REPRESENTATIVES, j ifel 


3d Session 


i 


No. 1340: 


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IMMIGRATION OF ALIENS, ETC. 


January 16, 1913. — Ordered to be printed. 


Mr. Burnett, from the committee of conference, submitted the 

following 


CONFERENCE REPORT. 

[To accompany S. 3175.] 



The committee of conference on the disagreeing votefe of the two 
Houses to the bill (S. 8175) entitled “An act to regulate the immi¬ 
gration of aliens to and the residence of aliens in the United States ” 
having met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment 
of the House and agree to the same with an amendment as follows: 

Strike out all of said amendment and insert in lieu thereof the 
following: 



AN ACT To regulate the immigration of aliens to and the residence of aliens in 

the United States. 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That the word 
“ alien ” wherever used in this Act shall include any person not a 
native born or naturalized citizen of the United States , but this 
definition shall not be held to include Indians not taxed or citizens 
of the islands under the jurisdiction of the United States. That the 
term “ United States ” as used in the title as well as in the various, 
sections of this Act shall be construed to mean the United States and 
any waters , territory , or other place subject to the jurisdiction, 
thereof , except the Isthmian Canal Zone; but if any alien shall leave 
the Canal Zone and attempt to enter any other place under the juris¬ 
diction of the United States , nothing contained in this Act shall be 
construed as permitting him to enter under any other conditions 
than those applicable to all aliens. That the term “ seaman ” as used 
in this Act shall include every person signed on the ship's articles 
and employed in any capacity on board any vessel arriving in the 
United States from any foreign part or place. 


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IMMIGRATION OF ALIENS, ETC. 


Ms Act shall he enforced in the Philippine Islands by 
, r cers of the General Government thereof designated, by appro¬ 
priate legislation of said Government. 

Sec. 2. That there shall be levied , collected , and. paid a tax of 
five dollars for every alien , including alien seamen regularly ad¬ 
mitted as provided in this Act , entering the United, Stoles. The soul 
tax shall be paid to the collector of customs of the port of customs 
district to which said alien shall come , or , if there be no collector 
at such port or district , then to the collector nearest thereto , by the 
master , agentf owner, or consignee of the vessel , transportation line , 
or other conveyance or vehicle bringing such alien to the United, 
States , ,or by the alien himself if he does not come by a vessel 
transportation line , or other conveyance or vehicle. The tax im¬ 
posed by this section shall be a lien upon the vessel or other vehicle 
of carriage or transportation bringing such aliens to the United, 
States , and shall be a debt in favor of the United States against the 
owner or owners of such vessel or other vehicle , and the payment 
of such tax may be enforced by any legal or equitable remedy. Thai 
the said tax shall not be levied on account of aliens who shall enter 
the United States after an uninterrupted residence of at least one 
year , immediately preceding such entrance , in the Dominion of 
Canada , Newfoundland , the Republic of Cuba , or the Republic t of 
Mexico , nor on account of otherwise admissible residents of any 
possession of the United States , nor on account of aliens in transit 
through the United States , nor upon aliens who have been lawfully 
admitted to the United States and tv ho later shall go in transit from 
one part of the United, States to another through foreign contiguous 
territory: Provided , That the Commissioner General of Immigra¬ 
tion , under the direction or with the approval of the Secretary of 
Commerce and Labor , by agreement with transportation lines , as, 
provided in section twenty-three of this Act , may arrange in some 
other manner for the payment of the tax imposed by this section 
upon any or all aliens seeking admission from foreign contiguous 
territory: Provided further , That said, tax , when levied, upon aliens 
entering the Philippine Islands , shall be paid into the treasury of 
said islands , to be expended for the benefit of such islands: Pro¬ 
vided further , That in the cases of aliens applying for admission 
from foreign contiguous territory and rejected , the head tax col¬ 
lected shall upon application be refunded to the alien: Provided 
further , That the provisions of this section shall nat apply to aliens 
arriving in Guam or Hawaii; but if any such alien , not having 
become a citizen of the United States , shall later arrive at any port 
or place of the United States on the North American Continent the 
provisions of this section shall apply. 

Sec. 3. That the following classes of aliens shall be excluded from 
admission into the United States: All idiots , imbeciles , feeble-minded 
persons , epileptics , insane persons , and persons who have been insane 
within five years previous / persons who have had one or more attacks 
of insanity at any time previously; paupers; persons likely to become 
a public charge; professional beggars; vagrants; persons afflicted 
with tuberculosis in any form or with a loathsome or dangerous con¬ 
tagious disease; persons not comprehended within any of the fore¬ 
going excluded classes who are found to be and are certified, by the 
examining surgeon as being mentally or physically defective , such 

D. OF D. 

JAN' ?.fty 1913 




IMMIGRATION OF ALIENS, ETC. 


3 



mental or 'physical defect being of a nature which may affect the 
ability of such alien to earn a living; persons who have committed a 
felony or other crime or misdemeanor involving moral turpitude; 
citizens or subjects of any country that issues penal certificates or 
certificates of character who do not produce to the immigration offi¬ 
cials such a certificate; polygamists, or persons who admit their be¬ 
lief in the practice of polygamy; anarchists, or persons who believe 
in or advocate the overthrow by force or violence of the Government 
of the United States, or of all forms of law, or who disbelieve in 
or are opposed’ to organized government, or who advocate the . 
assassination of public officials; persons who are members of or 
affiliated with any organization entertaining and teaching disbelief 
in or opposition to organized government, or who advocate or teach 
the duty, necessity, or propriety of the unlawful assaulting or killing 
of any officer or officers, either of specific individuals or of officers 
generally, of the Government of the United States or of any other 
organized, government,because of his or their official character; pros¬ 
titutes, or women or girls coming into the United States for the pur¬ 
pose of prostitution or for any other immoral purpose; persons who 
. procure or attempt to bring in prostitutes or women or girls for the 
purpose of prostitution or for any other immoral purpose; persons 
who are supported by or receive in whole or in part the proceeds of 
prostitution; persons hereinafter called contract laborers, who have 
been induced, assisted, encouraged,, or solicited to migrate to this 
country by offers or promises of employment, whether such offers or 
promises are true or false, or in consequence of agreements, oral, 
written or printed, express or implied, to perform labor in this coun¬ 
try of any kind, skilled or unskilled; persons who have come in con¬ 
sequence of advertisements for laborers printed, published, or dis¬ 
tributed in a foreign country; persons who have been deported under 
any of the provisions of this Act, and who may again seek admission 
within one year from the date of such deportation, unless prior to 
their reembarkation at a foreign port, the Secretary of Commerce 
and Labor shall have consented to their reapplying for admission; 
persons ?chose ticket or passage is paid for with the money of another, 
or who is assisted by others to come, unless it is affirmatively and 
satisfactorily shown that such person does not belong to one of the 
foregoing excluded classes; persons whose ticket or passage is paid 
for by any corporation, association, society, municipality, or foreign 
Government, either directly or indirectly; stowaways, except that 
any such stowaway may be admitted in the discretion of the Secre¬ 
tary of Commerce and Labor; all children under sixteen years of age, 
unaccompanied by one or both of their parents, at the discretion of 
the Secretary of Commerce and Labor or under such regulations as 
he may from time to time prescribe; persons who can not become 
eligible, under existing law, to become citizens of the United States 
by naturalization, unless otherwise provided for by existing agree¬ 
ments as to passports, or by treaties, conventions, or agreements that 
may hereafter be entered into. The provision next foregoing, how¬ 
ever, shall not apply to persons of the following status or occupa¬ 
tions: Government officers, ministers or religious teachers, mission¬ 
aries, lawyers, physicians, chemists, engineers, teachers, students, 
authors, editors, journalists, merchants, bankers, and travelers for 
curiosity or pleasure, nor to their legal ivives or their children under 


4 


IMMIGRATION OF ALIENS, ETC. 


sixteen years of age who shall accompany them or who subsequently 
may apply for admission to the United States , but sucli persons or 
their legal wives or foreign-born children who fail to maintain in the 
United States a status or occupation placing them within the excepted 
classes shall be deemed to be in the United States contrary to law , 
and shall be subject to deportation as provided in section nineteen of 
this Act. 

That after four months from the approval of this Act , in addi¬ 
tion to the aliens who are by law now excluded from admission into 
the United States , the following persons shall also be excluded from 
admission thereto , to wit: 

All aliens over sixteen years of age , physically capable of reading , 
who can not read the English language , or some other language or 
dialect , including Hebrew or Yiddish: Provided , That any admis¬ 
sible alien or any alien heretofore or hereafter legally admitted , 
or any citizen of the United States , may bring in or send for his 
father or grandfather over fifty-five years of age , his wife, his 
mother , his grandmother , or his unmarried or widowed daughter , 
if otherwise admissible , whether such relative can read or not; and 
such relatives shall be permitted to enter. That for the purpose of 
ascertaining whether aliens can read the immigrant inspectors shall * 
be furnished with slips , of uniform size , prepared under the direc¬ 
tion of the Secretary of Commerce and Labor , each containing not 
less than thirty nor more than forty words in ordinary use , printed 
in plainly legible type in the various languages and dialects of immi¬ 
grants. Each alien may designate the particular language or dialect 
in which he desires the examination to be made , and shall be required 
to read the words printed on the slip in such language or dialect. 
No two aliens coming in the same vessel or other vehicle of carriage 
or transportation shall be tested with the same slip. That the fol¬ 
lowing classes of persons shall be exempt from the operation of the 
illiteracy test , to wit: All aliens who shall prove to the satisfaction 
of the proper immigration officer or to the Secretary of Commerce 
and Labor that they are seeking admission to the United States 
solely for the purpose of escaping from religious persecution; all 
aliens in transit through the United States; all aliens who have been 
lawfully admitted to the United States and who later shall go in 
transit from one part of the United States to another through for¬ 
eign contiguous territory: Provided , That nothing in this Act shall 
exclude , ^'/ otherwise admissible , persons convicted of an offense 
purely politicalnot involving moral turpitude: Provided further , 
That the provisions of this Act relating. to the payments for tickets 
or passage by any corporation , association , society , municipality , or 
foreign government shall not apply to the tickets or passage of 
aliens in immediate and continuous transit through the United States 
to foreign contiguous territory: Provided further , That skilled labor , 
if otherwise admissible , may be imported if labor of like kind un¬ 
employed can not be found in this country , and the question of the 
necessity of importing such skilled labor in any particular instance 
may be (determined by the Secretary of Commerce and Labor upon 
the application of any person interested , such application to be made 
before such importation , and such determination by the Secretary 
of Commerce and Labor to be reached after a full hearing and an 
investigation into the facts of the case: Provided further , That the 


IMMIGRATION OF ALIENS, ETC. 


5 


provisions of this law applicable to contract labor shall not be held 
to exclude professional actors , artists , lecturers , singers , ministers 
of any religious denomination , professors for colleges or seminaries , 
persons belonging to any recognized learned profession , or persons 
employed strictly as personal or domestic servants: Provided fur¬ 
ther , whenever the President shall be satisfied that passports 

issued by any foreign • government to its citizens or subjects to go 
to any country other than the United States or to any insular pos¬ 
session of the United States or to the Canal Zone are being used for 
the purpose of enabling the holder to come to the continental terri¬ 
tory of the United States to the detriment of labor conditions therein , 
the President shall refuse to permit such citizens or subjects of the 
country issuing such passports to enter the continental territory of 
the United States from such other country or from such insular 
possessions or from the Canal Zone: Provided further , That nothing 
in this Act shall be construed to prevent , hinder , or restrict any alien 
exhibitor , or holder of a concession or privilege for any fair or expo¬ 
sition authorized by Act of Congress , from bringing into the United 
States , under contract , such alien mechanics , artisans , agents , or 
other employees , natives of his country , as may be necessary for 
installing or conducting his exhibit or for preparing for installing 
or conducting any business authorized or permitted under any con¬ 
cession or privilege which may have been or may be grantedl by any 
such fair or exposition in connection therewith , under such rides and 
regulations as the Commissioner General of Immigration , with the 
approval of the Secretary of Commerce and Labor , may prescribe 
both as to the admission and return of such persons: Provided fur¬ 
ther, That nothing in this Act shall be construed' to apply to accred¬ 
ited officials of foreign governments nor to their suites , families , or 
guests: Provided further , That nothing in this Act shall exclude the 
wife or minor children of a citizen of the United States. 

Sec. If. That the importation into the United States of any alien 
for the purpose of prostitution , or for any other immoral purpose , is 
hereby forbidden; and whoever shall , directly or indirectly , import , 
or attempt to import , into the United States any alien for the purpose 
of prostitution or for any other immoral purpose , or shall hold or 
attempt to hold any alien for any such purpose in pursuance of such 
illegal importation , or shall keep, maintain , control , support , employ , 
or harbor in any house or other place , for the purpose of prostitution 
or for any other immoral purpose , any alien , in pursuance of such 
illegal importation , shall in every such case be deemed guilty of a 
felony , and on conviction thereof shall be punished by imprisonment 
for a term of not more than ten years and by a fine of not more than 
five thousand dollars. Jurisdiction for the trial and punishment of 
the felonies hereinbefore set forth shall be in any district to or into 
which said alien is brought in pursuance of said importation by the 
person or persons accused , or in any district in which a violation of 
any of the foregoing provisions of this section occur. That any alien 
who shall , after he has been excluded and deported or arrested and 
deported in pursuance of the provisions of this Act which relate to 
prostitutes , procurers , or other like immoral persons , attempt there¬ 
after to return to or to enter the United* States shall be deemed guilty 
of a misdemeanor , and on conviction thereof shall be punished by 
imprisonment for a term of not more than two years. In all prosecu- 


6 


IMMIGRATION OF ALIENS, ETC. 


tions under this section the testimony of a husband or wife shall 
be admissible and competent evidence against a wife or husband. 

Sec. 5. That it shall be unlawful for any person , company , part- 
nership } or corporation , in any manner whatsoever , to prepay the 
transportation or in any way to induce , assist , encourage , or solicit 
the importation or migration of any contract laborer or contract 
laborers into the United States , unless such contract laborer or con¬ 
tract laborers are exempted under the provisions of section three of 
this Act , and for every violation of any of the provisions of this 
section the person , partnership , company , or corporation violating the 
same shall forfeit and pay for every such offense the sum of one 
thousand dollars , which may be sued for and recovered by the United 
States , or by any person who shall first bring his action therefor in 
his own name and for his own benefit , including any such aliens thus 
offered or promised employment as aforesaid , as debts of like amount 
are now recovered in the courts of the United States; or for every 
violation of the provisions hereof the person violating the same may 
be prosecuted in a criminal action for a misdemeanor , and on con¬ 
viction thereof shall be punished by a fine of one thousand dollars , 
or by imprisonment for a term of not less than six months nor more 
than two years; and under either the civil or the criminal procedure 
mentioned separate suits or prosecutions may be brought for each 
alien thus offered or promised employment as aforesaid. 

Sec. 6. That it shall be unlawful and be deemed a violation of 
section five of this Act to induce , assist , encourage , or solicit any 
alien to come into the United States by promise of employment 
through advertisements printed , published , or distributed in any 
foreign country, whether such promise is true or false , and either the 
civil or the criminal penalty imposed by said section shall be appli¬ 
cable to such a case: Provided , That States or Territories, the District 
of Columbia , or places subject to the jurisdiction of the United States 
may advertise , and by written or oral communication with prospective 
alien settlers make known , the inducements they offer for immigra¬ 
tion thereof , respectively. 

Sec. 7. That it shall be unlawful for any person , association , 
society , company , partnership , corporation , or others engaged in the 
business of transporting aliens to the United States , including own¬ 
ers , masters , officers , and agents of vessels , directly or indirectly , by 
'■ writing , printing , tfr representation , solicit, invite , < 9 r 

courage any alien to come into the United States , anyone violat¬ 
ing any provision hereof shall be subject to either the civil or the 
criminal prosecution prescribed by section five of this Act; or if it 
shall appear to the satisfaction of the Secretary of Commerce and 
Labor that there has been such a violation by an owner , master, officer , 
or agent of a vessel , owner , master , officer , <9r agent shall pay to 
the collector of customs of the customs district in which the port of 
arrival is located or in which any vessel of the line may be found the 
sum of four hundred dollars for each and every such violation; and 
no vessel shall be granted clearance pending the determination of 
the question of the liability to the payment of such fine, or while the 
fine imposed remains unpaid , nor shall such fine be remitted or re¬ 
funded: Provided , That clearance may be granted prior to the deter¬ 
mination of such questions upon the deposit with the collector of cus¬ 
toms of a sum sufficient to cover such fine: Provided further , That 


IMMIGRATION OF ALIENS, ETC. 


7 


whenever it shall be shown to the satisfaction of the Secretary of 
Commerce and Labor that the provisions of this section are persist¬ 
ently violated by or on behalf of any transportation company , it 
shall be the duty of said Secretary to deny to such company the 
privilege of landing alien immigrant passengers of any or all classes 
at United States ports for such a period as in his judgment may be 
necessary to insure an observance of such provisions: Provided 
further , That this section shall not be held to prevent transportation 
companies from issuing letters , circulars , or advertisements , confined 
strictly to stating the sailings of their vessels and terms and facilities 
of transportation therein. 

Sec. 8. That any person , including the master , agent , owner , or 
consignee of any vessel , who shall bring into or land in the United 
States , by vessel or otherwise , or shall attempt , by himself or through 
another , to bring into or land in the United States , by vessel or other¬ 
wise , or shall conceal or harbor , or attempt to conceal or harbor , or 
assist or abet another to conceal or harbor in any place , including 
any building , vessel , railway car , conveyance , or vehicle , alien 

■not duly admitted by an immigrant inspector or not lawfully entitled 
to enter or to reside within the United States under the terms of this 
Act shall be deemed guilty of a misdemeanor , and upon conviction 
thereof shall be punished by a fine not exceeding one thousand 
dollars , or by imprisonment for a term not exceeding two years , or by 
both such fine and imprisonment for each and every alien so landed or 
brought in or attempted to be landed or brought in. 

Sec. 9. That it shall be unlawful for any person , including any 
transportation company other than railway lines entering the United 
States from foreign contiguous territory , or the owner , master , agent s 
or consignee of any vessel , to bring to the United States any alien 
afflicted with idiocy , insanity , imbecility , epilepsy , tuberculosis in 
any form , or a loathsome or dangerous contagious disease , and if it 
shall appear to the satisfaction of the Secretary of Commerce and 
Labor that any alien so brought to the United States was afflicted 
with any of the said diseases or disabilities at the time of foreign 
embarkation, and that the existence of such disease or disability 
might have been detected by means of a competent medical examina¬ 
tion at such time , such person or transportation company , or the mas¬ 
ter. agent , owner , or consignee of any such vessel , ^>o?/ £o the col¬ 

lector of customs of the customs district in which the port of arrival 
is located the sum of two hundred dollars for each and every viola¬ 
tion of the provisions of this section. It shall also be unlawful for 
any such person to bring to any port of the United States any alien 
afflicted, with any mental or physical defect of a nature which may 
affect his ability to earn a living , as contemplated in section three 
of this Act , and if it shall appear to the satisfaction of the Secretary 
of Commerce and Labor that any alien so brought to the United 
States was so afflicted at the time of foreign embarkation , and that 
the existence of such mental or physical defect might have beende - 
tected by means of a competent medical examination at such time , 
such person shall pay to the collector of customs of the customs dis¬ 
trict in which the port of arrival is located the sum of twenty-five 
dollars for each and every violation of this provision. It shall also 
be unlawful for any such person to bring to any port of the United 
States any alien who is unable to read or who can not become eligible^ 


IMMIGRATION OF ALIENS; ETC. 


under existing law , to become a citizen of the United States by natu¬ 
ralization , as provided in section three of this Act , and if it shall 
appear to the satisfaction of the Secretary of Commerce and Labor 
that these disabilities might have been detected by the exercise of 
reasonable precaution prior to the departure of such aliens from a 
foreign port such person shall pay to the collector of customs of the 
customs district in which the port of arrival is located the sum of one 
hundred dollars for each and every violation of this provision. And 
no vessel shall be granted clearance papers pending the determina¬ 
tion of the question of the liability to the payment of such fine , or 
while the fine remains unpaid , nor shall such fine be remitted or 
refunded: Provided , That clearance may be granted prior to the 
determination of such questions upon the deposit of a sum sufficient 
to cover such fine and costs , such sum to be named by the Secretary 
of Commerce and Labor. 

Sec. 10 That it shall be the mandatory and unqualified duty of 
every person , including owners , officers , and agents of vessels or 
transportation lines , other than those lines which may enter into a 
contract as provided in section twenty-three of this Act , bringing an 
alien to any seaport or land border port of the United States to pre¬ 
vent the landing of such alien in the United States at any time or 
place other than as designated by the immigration officers , and the 
failure of any such owner , officer , or agent to comply with the forego¬ 
ing requirements shall be deemed a misdemeanor and. on conviction 
thereof shall be punished by a fine in each case of not less than 
one hundred nor more than one thousand dollars or by imprison¬ 
ment for a term not exceeding one year , or by both such fine and im¬ 
prisonment; or , if in the opinion of the Secretary of Commerce and 
Labor it is impracticable or inconvenient to prosecute the owner , 
master , officer , or agent of any such vessel , a pecuniary penalty of 
one thousand dollars shall be a lien upon the vessel whose owner , 
master , officer , or agent violates the provisions of this section , and 
such vessel shall be libeled therefor in the appropriate United States 
court. 

Sec. 11. That whenever he may deem such action necessary the 
Secretary of Commerce and Labor may , at the expense of the appro¬ 
priation for the enforcement of this Act , detail immigrant inspectors 
and matrons of the United States Immigration Service for duty on 
vessels carrying immigrant or emigrant passengers , or passengers 
other than first and second cabin passengers , between ports of the 
United States and foreign ports. On such voyages said inspectors 
and matrons shall remain in that part of the vessel where immigrant 
passengers are carried. It shall be the duty of such inspectors and 
matrons to observe such passengers during the voyage , and report 
to the immigration authorities in charge at the port of landing any 
information of value in determining the admissibility of such pas¬ 
sengers under the laws, regulating immigration of aliens into the 
United States. It shall further be the duty of such inspectors and 
matrons to observe violations of the provisions of such laivs and the 
violation of such provisions of the “passenger Act ” of August sec¬ 
ond , eighteen hundred and eighty-two , as amended , as relate to the 
care and treatment of immigrant passengers at sea , and report the 
same to the proper United States officials at ports of landing. 
Whenever the Secretary of Commerce and Labor so directs , a sur- 


IMMIGRATION OF ALIENS, ETC. 


9 


geon of the United States Public Health Service, detailed to the Im¬ 
migration Service, not lower in rank than a passed assistant surgeon, 
shall be received and carried on any vessel transporting immigrant 
or emigrant passengers, or passengers other than first and second 
cabin passengers, betiveen ports of the United States and foreign 
ports. Such surgeon shall be permitted to investigate and examine 
the condition of all immigrant and emigrant passengers in relation 
to any provisions of the laws regulating the immigration of aliens 
into the United States and such provisions of the “ passenger Act'' of 
August second, eighteen hundred and eighty-two, as amended, as 
relate to the care and treatment of immigrant passengers at sea, 
and shall immediately report any violation of said laws to the mas¬ 
ter or commanding officer of the vessel, and shall also report said 
violations to the Secretary of Gommerce and Labor within twenty - 
four hours after the arrival of the vessel at the port of entry in the 
United States. Such surgeon shall accompany the master or captain 
of the vessel in his visits to the sanitary officers of the ports of call 
during the voyage, and, should contagious or infectious diseases pre¬ 
vail at any port where passengers are received, he shall request all 
reasonable precautionary measures for the health of persons on 
board. Such surgeon on arrival at ports of, the United States shall 
also, if requested by the examining board, furnish any information 
he may possess in regard to immigrants arriving on the vessel to 
which he has been detailed. While on duty such surgeons shall wear 
the prescribed uniform of their service and shall be provided with 
first-class accommodations on such vessel at the expense of the ap¬ 
propriation for the enforcement of this Act. For every violation 
of this section any person, including any transportation company, 
owning or operating the vessel in which such violation occurs shall 
pay to the collector of customs of the customs district in which the 
next United States port of arrival is located the sum of one thousand, 
dollars for each and every day during which such violation contin¬ 
ues, the term “ violation ” to include the refusal of any person having 
authority so to do to permit any such immigrant inspector, matron, 
or surgeon to be received on board such vessel, as provided in this 
section, and also the refusal of the master or commanding officer 
of any such vessel to permit the inspections and visits of any such 
surgeon, as provided in this section, and no vessel shall be granted 
clearance papers pending the determination of the question of the 
liability of such fine, or while it remains unpaid, nor shall such fine 
be remitted or refunded: Provided, That clearance may be granted 
prior to the determination of all such questions upon the deposit of 
a sum sufficient to cover such fine and costs, such sum to be named by 
the Secretary of Commerce and Labor. 

Sec. 12. That upon the arrival of any alien by ivater at any point 
within the United States on the North American Continent from a 
foreign port or a port of the Philippine Islands, Guam, Porto Rico, 
or Hawaii, or at any port of the. said insular possessions from any 
foreign port , from a port in the United States on the North American 
Continent, or from a port of another insular possession of the United 
States, it shall be the duty of the master or commanding officer, 
owners or consignees of the steamer , sailing , or other vessel having 
said alien on board to deliver to the immigration officers at the port 


10 


IMMIGRATION OF ALIENS, ETC. 


of arrival lists or manifests made at the time and place of embar¬ 
kation of such alien on board such steamer or vessel , which shall , in 
answer to questions at the top of said list , contain full and accurate 
information as to each alien as follows: Full name , age , and sex; 
whether married or single; calling or occupation , personal description 
(including height , complexion , color of hair and eyes , and marks of 
identification) ; whether able to read; nationality; country of birth; 
race; country of last permanent residence; name and address of the 
nearest relative in the country from which the alien came; seaport 
for landing in the United States; final destination , if any , beyond 
the port of landing; whether having a ticket through to such final 
destination; by whom passage was paid; whether going to join o 
relative or friend . and if so , ivhat relative or friend , and his or her 
name and complete address; whether ever before in the United States , 
and if so, when and where; whether ever in prison or almshouse or 
an institution or hospital for the care and treatment of the insane or 
supported by charity; whether a polygamist; whether an anarchist; 
whether a person who believes in or advocates the overthrow by force 
or violence of the Government of the United States or of all forms of 
law , or who disbelieves in or is opposed to organized government , or 
who advocates the assassination of public officials , or is a member of 
or affiliated with any organization entertaining and teaching dis¬ 
belief in or opposition to organized government , or who advocates or 
teaches the duty , necessity , or propriety of the unlawful assaulting 
or killing of any officer or officers , either of specific individuals or of 
officers generally , of the Government of the United States or of any 
other organized government , because of his or their official character; 
whether coming by reason of any offer , solicitation , promise , or agree¬ 
ment , express or implied , to perform labor in the United States; the 
alien's condition of health , mental and physical; whether deformed 
or crippled , and if so , for how long and from wlxat cause; and such 
master or commanding officer . owners , or consignees shall also fur¬ 
nish information in relation to the sex , age, class of travel , and the 
foreign port of embarkation of arriving passengers who are United. 
States citizens. That, it shall further be the duty of the master or 
commanding officer of every vessel taking passengers from any port 
of the United States on the North American Continent to a foreign 
port or a port of the Philippine Islands , Guam , Porto Rico , or 
Hawaii . or from any port of the said insular possession to any for¬ 
eign port , to a port of the United States on the North American 
Continent , or to a port of another insular possession of the United 
States to file with the immigration officials before departure a list 
which shall contain fill and accurate information in relation to the 
following matters regarding all alien passengers , and all citizens of 
the United States or insular possessions of the United States depart¬ 
ing with the stated intent to reside permanently in a foreign country , 
taken on board: Name , age . and sex; whether married or single: 
calling or occupation; whether able to read; nationality; country of 
birth; country of which citizen or subject; race; last permanent resi¬ 
dence in the United States or insular possessions thereof; if a citizen 
of the United States or of the insular possessions thereof , whether 
native born or naturalized; intended future permanent residence ; and 
time and port of last arrival in the United States , or insular pos¬ 
sessions thereof; aticl such master or commanding officer shall also 


IMMIGRATION OF ALIENS, ETC. 


11 


furnish information in relation to the sex, age, class of travel , 
port of debarkation of the United States citizens departing who do 
not intend to reside permanently in a foreign country, and no master ' 
of any such vessel shall be granted clearance papers for his vessel 
until he has deposited such list or lists with the immigration officials 
at the port of departure and made oath that they are full and com¬ 
plete as to the name and other information herein required concern¬ 
ing each person of the classes specified taken on board his vessel; and 
any neglect or omission to comply with the requirements of this sec¬ 
tion shall be punishable as provided in section fourteen of this Act: 
Provided, That in the case of vessels making regular trips to ports of 
the United States the Commissioner General of Immigration, with 
the approval of the Secretary of Corrumerce and Labor, may, when 
expedient, arrange for the delivery of such lists of outgoing aliens at 
a later date: Provided further, That it shall be the duty of immigra¬ 
tion officials to record the following information regarding every\ 
resident alien and citizen leaving the United States by way of the 
Canadian or Mexican borders for permanent residence in a foreign 
country: Name, age, and sex; whether married or single; calling or 
occupation; whether able to read; nationality; country of birth; 
country of which citizen or subject; race; last permanent residence in 
the United States; intended future permanent residence; and time 
and port of last arrival in the United States; and if a United States 
citizen, whether native born or naturalized. 

Sec. 13. That all aliens arriving by water at the ports of the 
United States shall be listed in convenient groups. the names of those 
coming from the same locality to be assembled so far as practicable, 
and no one list or manifest shall contain more than thirty names. 
To each alien or head of a family shall be given a ticket on which 
shall be written his name, a number or letter designating the list in 
which his name, and so forth, is contained, and his number on said 
list, for convenience of identification on arrival. Each list or mani¬ 
fest shall be verified by the signature and the oath or affirmation of 
the master or commanding officer, or the first or second below him in 
command , taken before an immigration officer at the port of arrival, 
to the effect that he has caused the surgeon of said vessel sailing 
therewith to make a physical and oral examination of each of said 
aliens, and that from the report of said surgeon and from his own 
investigation he believes that no one of said aliens is of any of the 
classes excluded from admission into the United States by section 
three of this Act, and that also according to the best of his knowledge 
and belief, the information in said lists or manifests concerning each 
of said aliens named therein is correct and true in every respect. 
Thai the surgeon of said vessel sailing therewith shall also sign each 
of said lists or manifests and make oath or affirmation in like manner 
before an immigration officer at the port of arrival, stating his pro¬ 
fessional experience and qualifications as a physician and surgeon, 
and that he has made a personal examination of each of the said 
aliens named therein, and that the said list or manifest, according to 
the best of his knowledge and belief, is full, correct , and true in all 
particulars relative to the mental and physical condition of said 
aliens. If no surgeon sails with any vessel bringing aliens the mental 
and physical examinations and the verifications of the lists or mani¬ 
fests shall be made by some competent surgeon employed by the 


12 


IMMIGRATION OF ALIENS, ETC. 


owners of the said vessels , and the manifests shall he verified hy such 
surgeon before a United States consular officer. 

Sec. 11±. That it shall he unlawful for the master or commanding 
officer of any vessel bringing aliens into or carrying aliens out of the 
United States to refuse or fail to deliver to the immigration officials 
the accurate and full manifests or statements or information regard¬ 
ing all aliens on hoard or taken on hoard such vessel required hy this 
Act , and if it shall appear to the satisfaction of the Secretary of 
Commerce and Labor that there has been such a refusal or failure , 
or that the lists delivered are not accurate and fidl, such master or 
commanding officer shall pay to the collector of customs at the port of 
arrival or departure the sum of ten dollars for each alien concerning 
whom such accurate and full manifest or statement or information is 
not furnished , or concerning whom the manifest or statement or 
information is not prepared and sworn to as prescribed hy this Act. 
No vessel shall he granted clearance pending the determination of the 
question of the liability to the payment of such fine , or while it re¬ 
mains unpaidnor shall such fine he remitted or refunded: Provided , 
That clearance may he granted prior to the determination of such 
question upon the deposit with the collector of customs of a sum suf¬ 
ficient to cover such fine. 

Sec. 15. That upon the arrived' at a port of the United States of 
any vessel bringing aliens it shall he the duty of the proper immi¬ 
gration officials to go or to send competent assistants to the vessel and 
there inspect all such aliens , or said immigration officials may order 
a temporary removal of such aliens for examination at a designated 
time and place , hut such temporary removal shall not he considered 
a landing , nor shall it relieve the transportation lines , masters , agents , 
owners , or consignees of the vessel upon which said aliens are brought 
10 any port of the United States from any of the obligations which , 
in case such aliens remain on hoard , would , under the provisions of 
this Act hind the said transportation lines , masters , agents , owners , 
or consignees: Provided , That where removal is made to premises 
owned or controlled hy the United States , said transportation lines , 
masters , agents , otvners , or consignees , and each of them shall , so 
long as detention there lasts , he relieved of responsibility for the safe¬ 
keeping of such aliens. Whenever a temporary removal of aliens 
is made the transportation lines which brought them and the mas¬ 
ters , owners , agents , and consignees of the vessel upon which they 
arrive shall pay all expenses of such removal and all expenses aris¬ 
ing during subsequent detention , pending decision on the aliens ’ 
eligibility to enter the United States and until they are either allowed 
to land or returned to the care of the line or to the vessel which 
brought them , such expenses to include those of maintenance , medical 
treatment in hospital or elsewhere , burial in the event of death , and 
transfer to the vessel in the event of deportation , excepting only 
where they arise under the terms of any of the provisos of section 
eighteen thereof. Any refusal or failure to comply with the pro¬ 
visions hereof to he punished in the manner specified in section 
eighteen of this Act. 

Sec. 16. That the physical and m,ental examination of all arriving 
aliens shall he made hy medical officers of the United, States Public 
Health Service who shall have had at least two years ’ experience in 
the practice of their profession since receiving the degree of doctor 


IMMIGRATION OF ALIENS, ETC. 


13 


of medicine, and who shall certify, for the information of the immi¬ 
gration officers and the hoards of special inquiry hereinafter pro¬ 
vided for, any and all physical and mental defects or diseases observed 
by said medical officers in any such alien / or, should medical officers 
of the United States Public Health Service be not available, civil 
surgeons of not less than four years ’ professional experience may be 
employed in such emergency for such service, upon such terms as may 
be prescribed by the Commissioner General of Immigration, under 
the direction or with the approval of the Secretary of Commerce 
and Labor. Medical officers of the United States Public Health 
Service who have had especial training in the diagnosis of insanity 
and mental defect shall be detailed for duty or employed at all large 
ports of entry, and such medical officers shall be provided Doith suit¬ 
able facilities for the detention and examination of all arriving aliens 
in whom insanity or mental defect is suspected, and the services of 
interpreters shall be provided for such examination. That the in¬ 
spection, other than the physical and mental examination, of aliens, 
including those seeking admission or readmission to or the privilege 
of passing through or residing in the United States, and the examina¬ 
tion of aliens arrested within the United States under this Act, shall 
be conducted by immigrant inspectors, except as hereinafter provideo.I 
in regard to boards of special inquiry. Immigrant inspectors are 
hereby authorized and empowered to board and search for aliens 
any vessel, railway car, conveyance, or vehicle in which they believe 
aliens are being brought into the United States. Said inspectors 
shall have power to administer oaths and to take and consider evi¬ 
dence touching the right of any alien to enter, reenter, pass through, 
or reside in the United States, and, where such action may be neces¬ 
sary, to make a written record of such evidence; and any person to 
whom such an oath has been administered, under the provisions of 
this Act, who shall knowingly or willfully give false evidence or 
swear to any false statement in any way affecting or in relation to the 
right of any alien to admission, or readwAssion to, or to pass through, 
or to reside in the United States shall be deemed guilty of perjury 
and be punished as provided by section one hundred and twenty-five 
of the Act approved March fourth, nineteen hundred and nine, en¬ 
titled “An Act to codify, revise, and amend the penal laws of the 
United StatesAny commissioner of immigration or inspector in 
charge shall also have power to require the attendance and testimony 
of witnesses before said inspectors and the production of books, 
papers, and documents touching the right of any alien to enter, re¬ 
enter, reside in, or pass through the United States, and to that end 
may invoke the aid of any court of the United States / and any dis¬ 
trict court within the jurisdiction of which investigations are being 
conducted by an immigrant inspector may, in the event of neglect 
or refusal to respond to a subpoena issued by any commissioner of 
immigration or inspector in charge or refusal to testify before said/ 
immigrant inspector, issue an order requiring such person to appear 
before said immigrant inspector, produce books, papers, and docu¬ 
ments if demanded, and testify / and any failure to obey such order 
of the court shall be punished by the court as a contempt thereoj. 
That any person, including employees, officials, or agents, of trans¬ 
portation companies, who shall assault, resist, prevent, impede, or 
interfere with any immigration official or employee in the perform- 


14 


IMMIGRATION OF ALIENS, ETC. 


once of his duty under this Act shall he deemed guilty of a misde¬ 
meanor, and on conviction thereof shall he punished by imprison¬ 
ment for a term of not less than six months nor more than two years , 
or hy a fine of not less than two hundred nor more than two thou¬ 
sand dollars; and any person who shall use any deadly or dangerous 
weapon in resisting any immigration official or employee in the per¬ 
formance of his duty shall he deemed guilty of a felony and shall 
on conviction thereof he punished, hy imprisonment for not less than 
one nor more than ten years. Every alien who may not appear to 
the examining immigrant inspector at the port of arrival to he 
clearly and heyond a douht entitled to land shall he detained for 
examination in relation thereto hy a hoard of special inquiry. In 
the event of refection hy the hoard of special inquiry, in all cases 
where an appeal to the Secretary of Commerce and Labor is per¬ 
mitted hy this Act, the alien shall he so informed and shall have the 
light to he represented hy counsel or other advisor on such appeal . 
The decision of an immigrant inspector, if favorable to the admission 
of any alien, shall he subject to challenge hy any other immigrant 
inspector, and such challenge shall operate to take the alien whose 
ought to land is so challenged before a hoard of special inquiry for 
its investigatiooi. 

Sec. 17. That hoards of special inquiry shall he appointed hy the 
commissioner of immigration or inspector in charge at the various 
ports of arrival as may he necessary for the prompt determination 
of all cases of immigrants detained at such ports under the provisions 
of the law. Each hoard shall consist of three members, who shall he 
selected from such of the immigrant officials in the service as the 
Commissioner General of Immigration, with the approval of the 
Secretary of C ommerce and Labor, shall from time to time designate 
as qualified to serve on such hoards. When in the opinion of the 
Secretary of Commerce and Labor the maintenance of a permanent 
hoard of special inquiry for service at any sea or land border port is 
not warranted, regularly constituted hoards may he detailed from 
other stations for temporary service at such port, or, if that he im¬ 
practicable, the Secretary of Commerce and Labor shall authorize 
the creation of hoards of special inquiry hy the immigration officials 
in charge at such ports, and shall determine what Government 
officials or other persons shall he eligible for service on such hoards. 
Such hoards shall have authority to determine whether an alien who 
has been duly held shall he allowed, to land or shall he deported. 
All hearings before such hoards shall he separate and apart from 
the public. Such hoards shall keep a complete permanent record, 
of their proceedings and of all such testimony as may he produced 
before them; and the decision of any two members of a hoard shall 
prevail, hut either the alien or any dissenting member of the said 
hoard may appeal through the commissioner of immigration at the 
port of arrival and the Commissioner General of Immigration to 
the Secretary of Commerce and Labor, and the taking of such 
appeal shall operate to stay any action in regard to the filial disposal 
of any alien whose case is so appealed until the receipt hy the com¬ 
missioner of immigration at the port of arrival of suck decision, 
which shall he rendered solely upon the evidence adduced before the 
hoard of special, inquiry. In every case where an alien is excluded 
from admission into the United States, under any law or treaty now 


IMMIGRATION OF ALIENS, ETC. 


15 


existing or hereafter made , the decision of a hoard of special inquiry 
if adverse to the admission of such alien shall he final . unless reversed 
on appeal to the Secretary of Commerce and Labor: Provided , 
That the decision of a hoard of special inquiry , based upon the 
certificate of the examining medical officer , shall he final as to the 
refection of aliens affected with tuberculosis in any form or with a 
loathsome or dangerous contagious disease , or with any mental or 
physical disability which would bring such aliens within any of the 
classes excluded from admission to the United States under section 
three of this act. 

Sec. 18. That all aliens brought to this country in violation of 
law shall , if practicable , be immediately sent back , in accommoda¬ 
tions of the same class in which they arrived\ to the country whence 
they respectively came on the vessels bringing them. The cost of 
their maintenance while on land , as well os the expense of the return 
of such aliens , shall be borne by the owner or owners of the vessels 
on which they respectively came. That it shall be unlawful for 
any master , purser , person in charge , agent , owner , or consignee 
of any such vessel to refuse to receive back on board thereof , or on 
board of any other vessel owned or operated by the same interests . 
such aliens; or to fail to detain them thereon; or to refuse or fail to 
return them in the manner aforesaid to the foreign port from which 
they came; or to pay the cost of their maintenance while on land; or 
to make any charge for the return of any such alien; or to take any 
security from him for the payment of such charge; or to take any 
consideration to be returned, in case the alien is landed; or knowingly 
to bring to the United States at any time within one year from the 
date of deportation any alien rejected or arrested and deported, 
under any provision of this Act , unless prior to reembarkation the 
Secretary of Commerce and Labor has consented that such alien shall 
reapply for admission , as required by section three hereof; and if 
it shall appear to the satisfaction of the Secretary of Commerce and 
Labor that such master , purser. person in charge , agent , owner , or 
consignee has violated any of the foregoing provisions such master , 
purser , person in charge , agent , owner , or consignee shall pay to the 
collector of customs of the customs district in which the port of 
arrival is located , or in which any vessel of the line may be found , 
the sum of three hundred dollars for each and every violation of any 
'provision of this section; and no vessel shall have clearance from any 
paid of the United States while any such fine is unpaid , nor shall 
such fine be remitted or refunded: Provided . That clearance may be 
granted prior to the determination of such question upon the deposit 
with the collector of customs of a sum sufficient to cover such fine. 
If the vessel by which any alien ordered deported came has left the 
United States and it is impracticable for any reason to deport 
the alien within a reasonable time by another vessel oivned by the 
same interests , the cost of deportation may be paid by the Govern¬ 
ment and recovered by civil suit from any agent , owner , or con¬ 
signee of the vessel: Provided further , Thai the Commissioner Gen¬ 
eral of Immigration , with the approval of the Secretary of Com¬ 
merce and Labor, may suspend , upon conditions to be prescribed 
by the Commissioner General of Immigration , the deportation of 
any alien found to have come in violation of any provision of this 


16 


IMMIGRATION OF ALIENS, ETC. 


Act if, in his judgment, the testimony of such alien is necessary on 
behalf of the United States Government in the -prosecution of 
offenders against any provision of this Act; and the cost of main¬ 
tenance of any person so detained resulting from such suspension 
of deportation, and a witness fee in the sum of one. dollar per day 
for each day such person is so detained, may he paid from the ap¬ 
propriation for the enforcement of this Act, or such alien may he 
released under hond, in the penalty of not less than five hundred 
dollars, with security approved hy the Secretary of Commerce and 
Labor, conditioned that such alien shall he produced when required 
as a witness and for deportation ,. No alien certified, as provided 
in section sixteen of this Act, to he suffering from tuberculosis in 
any form, or from a loathsome or dangerous contagious disease other 
than one of quarantinahle nature, shall he permittecl to land for med¬ 
ical treatment thereof in any hospital in the United States, unless 
with the express permission of the Secretary of Commerce and 
Labor: Provided further, That upon the certificate of a medical 
officer of the United States Public Health Service to the effect that 
the health or safety of an insane alien would he unduly imperiled hy 
immediate deportation, such alien may, at the expense of the ap¬ 
propriation for the enforcement of this Act, he held for treatment 
until such time as such alien may, in the opinion of such medical 
officer , he safely deported: Provided further, That upon the certifi¬ 
cate of a medical officer of the United States Public Health Service 
to the effect that a refected alien is helpless from sickness, mental 
or physical disability, or infancy, if such alien is accompanied hy 
another alien whose protection or guardianship is required hy such 
refected alien, such accompanying alien may also he excluded, and 
the master, agent, owner, or consignee of the vessel in which such 
alien and accompanying alien are brought shall he required to return 
said alien and accompanying alien in the same manner as vessels 
are required to return other refected aliens. 

Sec. 19. That any alien, at any time within three years after entry, 
who shall enter the United States in violation of law; any alien who 
within three years after entry becomes a public charge from causes 
existing prior to the landing; except as hereinafter provided, any 
alien who is hereafter sentenced to imprisonment for a term of one 
year or more because of conviction in this country of a crime involv¬ 
ing moral turpitude, committeed within three years after the entry 
of the alien to the United States; any alien who shall he found an 
inmate of or connected with the management of a house of prostitu¬ 
tion or practicing prostitution after such alien shall have entered the 
United States, or who shall receive, share in, or derive benefit from 
any part of the earnings of any prostitute; any alien who is em¬ 
ployed by, in, or in connection with any house of prostitution or 
music or dance hall or other place of amusement or resort habitually 
frequented hy prostitutes, or where prostitutes gather, or who in any 
way assists, protects, or promises to protect from arrest any pros¬ 
titute; any alien ivho shall import or attempt to import any person 
for the purpose of prostitution or for any other immoral purpose; 
any alien who, after being excluded and deported or arrested and 
deported as a prostitute, or as a procurer, or as having been connected 
with the business of prostitution or importation for prostitution or 
other immoral purposes in any of the ways hereinbefore specified, 



IMMIGRATION OF ALIENS, ETC. 


17 


shall return to and enter the United States / any alien convicted and 
imprisoned for a violation of any of the provisions of section four 
hereof; any alien , at any time within three years after entry , who 
shall enter the United States by water at any time or place other 
than as designated by immigration officials , or by land at any place 
other than one designated as a port of entry for aliens by the Com¬ 
missioner General of Immigration , or at any time not designated by 
immigration officials , shall , upon the warrant of the Secretary of 
Commerce and Labor , be taken into custody and deported: Pro¬ 
vided , That the provision of this section respecting the deportation 
of aliens convicted of a crime involving moral turpitude shall not 
apply to one who has been pardoned , nor shall such deportation be 
made or directed if the court sentencing such alien for such crime 
shall , at the time of imposing judgment or passing sentence , make a 
recommendation to the Secretary of Commerce and Labor that such 
alien shall not be deported in pursuance of this Act; nor shall any 
alien convicted as aforesaid be deported until after the termination 
of his imprisonment: Provided further. That the provisions of this 
section , with the exceptions hereinbefore noted , shall be applicable 
to the classes of aliens therein mentioned irrespective of the time of 
their entry into the United States. In every case where any person 
is ordered deported from the United States under the provisions of 
this Act or of any law or treaty noio existing , the decision of the 
Secretary of Commerce and Labor shall be final. 

Sec. 20. That the deportation of aliens provided for in this Act 
shall , at the option of the Secretary of Commerce and Labor , be to 
the country whence they came or to the foreign port at which such 
aliens embarked for the United States; or. if such embarkation was 
for foreign contiguous territory. to the foreign port at which they 
embarked for such territory; or , if such aliens entered foreign con¬ 
tiguous territory from the United States and later entered the United 
States , or if such aliens are held by the country from ivhich they en¬ 
tered the United States not to be subjects or citizens of such country , 
and such country refuses to permit their reentry , or imposes any con¬ 
dition upon permitting reentry , then to the country of which such 
aliens are subjects or citizens , or to the country in which they resided 
prior to entering the country from which they entered the United, 
States. If effected at any time within five years after the entry of 
the alien , such deportation , including one-half of the entire cost of 
removal to the port of deportation , shall be at the expense of the con¬ 
tractor. procurer , or other person by whom the alien was unlawfully 
induced to enter the United States , or. if that can not be done , then 
the cost of removal to the port of deportation shall be at the expense 
of the appropriation for the enforcement of this Act , and the depor¬ 
tation from such port shall be at the expense of the owner or owners 
of such vessels or transportation line by ivhich such aliens respectively 
came , or , if that is not practicable , at the expense of the appropria¬ 
tion for the enforcement of this Act. If such deportation is effected 
later than five years after the entry of the alien , or , if the deportation 
is made by reason of causes arising subsequent to entry , the cost there¬ 
of shall be payable from the appropriation for the enforcement of 
this Act. A failure or refusal on the part > of the masters , agents , 
owners , or consignees of vessels to com/ply with the order of the Sec- 


II. Rept. 1340, 62-3- r 2 



18 


IMMIGRATION OF ALIENS, ETC. 


retary of 0ommerce and Lcfbor to take on board , guard safely , and\ 
transport to the destination specified any alien ordered to be de¬ 
ported under the provisions of this Act shall be punished by the im¬ 
position of the penalties prescribed in section eighteen of this Act: 
Provided , That when in the opinion of the Secretary of Commerce 
and Labor the mental or physical condition of such alien is such as to 
require personal care and attendance , he may employ a suitable per¬ 
son for that purpose , who shall accompany such alien to his or her 
final destination , and the expense incident to such service shall be de¬ 
frayed in like manner. Pending the final disposal of the case of any 
alien so taken into custody he may be released under a bond in the 
penalty of not less than five hundred dollars with security approved' 
by the Secretary of Commerce and Labor , conditioned that such alien 
shall be produced when required for a hearing or hearings in regard 
to the charge upon which he has been taken into custody , and for de¬ 
portation if he shall be found to be unlawfully within the United 
States. 

Sec. 21. That any alien liable to be excluded because likely to be¬ 
come a public charge or because of physical disability other than 
tuberculosis in any form or a loathsome or dangerous contagious 
disease may , if otherwise admissible , nevertheless be admitted in the 
discretion of the Secretary of Commerce and Labor upon the giving 
of a suitable and proper bond or undertaking , approved by said 
Secretary , in such amount and containing such conditions as he may 
prescribe , to the United States and to all States , Territories, counties , 
towns , municipalities , and districts thereof , holding the United States 
and all States , Territories , counties , towns , municipalities , and dis¬ 
tricts thereof harmless against such alien becoming a public charge. 
The admission of such alien shall be a consideration for the giving 
of such bond or undertaking. Suit may be brought thereon in the 
name and by the proper lav.v officers either of the United States 
Government or of any State , Territory , District , county , town , or 
municipality in which such alien becomes a public charge. 

Sec. 22. That wherever an alien shall have taken up his permanent 
residence in this counti'y , and shall have filed his declaration of 
intention to become a citizen , and thereafter shall send for his wife 
or minor children to join him , if said wife or any of said children 
shall be found to be affected with any contagious disorder , such wife 
or children shall be held , under such regulations as the Secretary of 
Commerce and Labor shall prescribe , until it shall be determined 
whether the disorder will be easily curable or whether they can be 
permitted to land without danger to other persons; and they shall 
not be either admitted or deported until such facts have been ascer¬ 
tained; and if it shall be determined that the disorder is easily curable 
and the husband or father or other responsible person is willing to 
bear the expense of the treatment , they may be accorded treatment in 
hospital until cured and thepi be admitted , or if it shall be determined 
that they can be permitted to land without danger to other persons , 
they may , if otherwise admissible , thereupon be admitted. 

Sec. 23. That the Commissioner General of Immigration shall 
perform all his duties under the direction of the Secretary of Com¬ 
merce and Labor. Under such direction he shall have charge of the 
administration of all laws relating to the immigration of aliens into 


IMMIGRATION OF ALIENS, ETC. 


19 


' United States, and shall have the control, direction, super¬ 
vision of all officers, clerics, and employees appointed thereunder; 
he shall establish such rides and regulations, prescribe such forms of 
bond, reports, entries, and other papers, and shall issue from time 
to time such instructions, not inconsistent with law, as he shall deem 
best calculated for carrying out the provisions of this Act and for 
protecting the United States and aliens migrating thereto from 
fraud and loss, and shall have authority to enter into contract for 
the support and relief of such aliens as may fall into distress or 
need public aid, and to remove to their native country, at any time 
within three years after entry, at the expense of the appropriations 
for the enforcement of this Act, such as fall into distress or need 
public aid from^ causes arising subsequent to their entry and are 
desirous of being so removed; he shall prescribe rules for the entry 
and inspection of aliens along the borders of Canada cmd Mexico, so 
as not to unnecessarily delay, impede, or annoy persons in ordinary 
travel betiveen the United States and said countries, and shall have 
power to enter into contracts with transportation lines for the said 
purpose; it shall be the duty of the C ommissioner General of Immi¬ 
gration to detail officers of the Immigration Service from time to 
time as may be necessary, in his judgment, to secure information 
as to the number of aliens detained in the penal, reformatory, and 
charitable institutions (public and private) of the several States and 
Territories, the District of Columbia, and other territory of the 
United States and to inform the officers of such institutions of the 
provisions of laic in relation to the deportation of aliens icho have 
become public charges. He may, with the approval of the Secretary 
of Commerce and Labor, whenever in his judgment such action may 
be necessary to accomplish the purposes of this Act, detail immi¬ 
gration officers, and also surgeons of the United States Public Health 
Service employed under this Act for service in foreign countries. 
The duties of commissioners of immigration and other immigra¬ 
tion officials in charge of districts, ports, or stations shall be of an 
administrative character, to be prescribed in detail by regulations 
prepared under the direction or with the approval of the Secretary 
of Commerce and Labor: Provided, That for the purpose of making 
effective the provisions of this section relating to the protection of 
aliens from fraud’ and loss, and also the provisions of section thirty 
of this Act, relating to the distribution of aliens, the Secretary of 
Commerce and L^abor shall establish and * maintain immigrant sta¬ 
tions at such interior places as may be necessary, and, in the discre¬ 
tion of the said Secretary, aliens in transit from ports of landing 
to such interior stations shall be accompanied by immigrant in¬ 
spectors. 

Sec. 2L That immigrant inspectors and other immigration officers, 
clerks, and employees shall hereafter be appointed and their compen¬ 
sation fixed and raised or decreased from time to time by the Secre¬ 
tary of Commerce and Labor, upon the recommendation of the Com¬ 
missioner General of Immigration and in accordance with the pro¬ 
visions of the civil-service Act of January sixteenth, eighteen hundred 
and eighty-three: Provided, That said Secretary, in the enforcement 
of that portion of this Act which excludes contract laborers, may 
employ, without reference to the provisions of the said civil-service 
Act, or to the various Acts relative to the compilation of the official 


20 


IMMIGRATION OF ALIENS, ETC. 


register , such persons as he may deem advisable and from time to 
time fix , raise , or decrease their compensation. Tie may draw annu¬ 
ally from the appropriation for the enforcement of this Act fifty 
thousand dollars , or as much thereof as may be necessary , to be 
expended for the salaries and expenses of persons so employed and 
for expenses incident to such employment / and the accounting officers 
of the Treasury shall pass to the credit of the proper disbursing 
officer expenditures from said sum without itemized account when¬ 
ever the Secretary of Commerce and Labor certifies that an itemized 
account would not be for the best interests of the Government: Pro¬ 
vided further , That nothing herein contained shall be construed to 
alter the mode of appointing commissioners of immigration at the 
several ports of the United States as provided by the sundry civil 
appropriation Act approved August eighteenth , eighteen hundred 
and ninety-four , or the official status of such commissioners hereto¬ 
fore appointed. 

Sec. 25. That the district courts of the United States are hereby 
invested with full and concurrent jurisdiction of all causes , civil and 
criminal , arising under any of the provisions of this Act. That it 
shall be the duty of the United States district attorney of the proper 
district to prosecute every such writ when brought by the United 
States under this Act. Such prosecutions or suits may be instituted 
at any place in the United States at which the violation may occur 
or at which the person charged with such violation may be found. 
That no suit or proceeding for a violation of the provisions of this 
Act shall be settled , compromised , or discontinued without the con¬ 
sent of the court in which it is pending , entered of record , with the 
reasons therefor. 

Sec. 26. That all exclusive privileges of exchanging money , trans¬ 
porting passengers or baggage , or keeping eating houses , and all other 
like privileges in connection with any United States immigrant sta¬ 
tion , shall be disposed of after public competition , subject to such 
conditions and limitations as the Gommissioner General of Immigra¬ 
tion ,, under the direction or with the approval of the Secretary of 
Commerce and Labor , may prescribe , and all receipts accruing from 
the disposal of such exclusive privileges shall be paid into the Treas¬ 
ury of the United States. No intoxicating liquors shall be sold at any 
such immigrant station. 

Sec. 27. That for the preservation of the peace and in order that 
arrests may be made for crimes under the laws of the States and Ter¬ 
ritories of the United States where the various immigrant stations 
are located , the officers in charge of such stations , as occasion may 
require , shall admit therein the proper State and municipal officers 
charged with the enforcement of such laws , and for the purpose of 
this section the jurisdiction of such officers and of the local courts 
shall extend over such stations. 

Sec. 28. That any person who knowingly aids or assists any an¬ 
archist or any person who believes in or advocates the overthrow) by 
force or violence of the Government of the United States , or who 
disbelieves in or is opposed to organized government , or all forms of 
law , or who advocates the assassination of public officials , or who is 
a member of or affiliated with any organization entertaining and 
teaching disbelief in or opposition to organized government , or who 
advocates or teaches the duty , necessity , or propriety of the unlawful 


IMMIGBATION OF ALIENS, ETC. 


21 


assaulting or hilling of any officer or officers, either of specific indi¬ 
viduals or of officers generally, of the Government of the United 
States or of any other organized government, because of his or their 
official character, to enter the United States, or who connives or con¬ 
spires with any person or persons to allow, procure, or permit any 
such anarchist or person aforesaid to enter therein shall be deemed 
guilty of a felony, and on conviction thereof shall be punished by a 
fine of not more than five thousand dollars or by imprisonment for 
not more than five years, or both. 

Sec. W. That the President of the United States is authorized, in 
the name of the Government of the United States, to call, in his dis¬ 
cretion, an international conference, to assemble at such point as may 
be agreed upon, or to send special commissioners to any foreign 
country, for the purpose of regulating by international agreement, 
subject to the advice and consent of the Senate of the United States, 
the immigration of aliens to the United States; of providing for the 
mental, moral, and physical examination of such aliens by American 
consuls or other officers of the United States Government at the ports 
of embarkation, or elsewhere; of securing the assistance of foreign 
Governments in their own territories to prevent the evasion of the 
laws of the United States governing immigration to the *United 
States; of entering into such international agreements as may be 
proper to prevent the immigration of aliens who, under the laws of 
the United States, are or may be excluded from entering the United 
States, and of regulating any matters pertaining to such immigra¬ 
tion. ' < . 

Sec. 30. That there shall be maintained a division of information 
in the Bureau of Immigration and Naturalization; and the Secre¬ 
tary of Commerce and Labor shall provide such clerical and other 
assistance as may be necessary. It shall be the duty of said division 
to promote a beneficial distribution of aliens admitted into the 
United States among the several States and Territories desiring 
immigration. Gorrespondence shall be had with the proper officials 
of the States and Territories, and said division shall gather from 
all available sources useful information regarding the resources, 
products, and physical characteristics of each State and Territory, 
and shall publish such information in different languages and dis¬ 
tribute the publications among all admitted aliens at the immigrant 
stations of L the United States and to such other persons as may 
desire the same. When any State or Territory appoints and main¬ 
tains an agent or agents to represent it at any of the immigrant 
stations of the United States, such agents shall, under regulations 
prescribed by the Commissioner General of Immigration, subject 
to the approval of the Secretary of Commerce and Labor, have 
access to aliens who have been admitted to the United States for the 
purpose of presenting, either orally or in writing, the special induce¬ 
ments offered by such State or Territory to aliens to settle therein. 
While on duty at any immigrant station such agents shall be subject 
to all the regulations prescribed by the Commissioner General of 
Immigration, who, with the approval of the Secretary of Commerce 
and Labor, may, for violation of any such regulations, deny to the 
agent guilty of such violation any of the privileges herein granted. 

Sec. 31. That any person, including the owner, agent, consignee, 
or master of any vessel arriving in the United States from any for- 


22 


IMMIGRATION OF ALIENS, ETC. 


eign port or place , who shall knowingly sign on the ship’s articles , 
or bring to the United States as one of the crew of such vessel , any 
alien , with intent to permit such alien to land in the United States 
in violation of the laws and treaties of the United States regulating 
the immigration of aliens , or who shall falsely and knowingly repre¬ 
sent to the immigration authorities at the port of arrival that any 
such alien is a bona fide member of the crew , shall be liable to a 
penalty not exceeding five thousand dollars , for which sum the said 
vessel shall be liable and may be seized and proceeded against by 
way of libel in any district court of the United States having juris¬ 
diction of the offense. 

Sec. 32. That no alien excluded from admission into the United 
States by any law or treaty of the United States regulating the im¬ 
migration of aliens , and employed on board any vessel arriving in 
the United States from any foreign port or place , shall be permitted 
to land in the United States , except temporarily for medical treat¬ 
ment , or pursuant to regulations prescribed by the Secretary of Com¬ 
merce and Labor providing for the ultimate removal or deportation 
of such alien from the United States , and the negligent failure of 
the owner , agent , consignee , or master of such vessel to detain on 
board any such alien after notice in writing by the immigration 
officer in charge at the port of arrival , and to deport such alien , if 
required by such immigration officer or by the Secretary of Com¬ 
merce and Labor , shall render such owner , agent , consignee , or 
master liable to a penalty not exceeding one thousand dollars , for 
which sum the said vessel shall be liable , and may be seized and pro¬ 
ceeded against by way of libel in any district court of the United 
States having jurisdiction of the offense. 

Sec. 33. That it shall be unlawful and be deemed a violation of 
the preceding section to pay off or discharge any alien employed on 
board any vessel arriving in the United States from any foreign 
port or place , unless duly admitted pursuant to the laws and treaties 
of the United States regulating the immigration of aliens: Provided , 
That in case any such alien intends to reship on board any other 
vessel bound to any foreign port or place he shall be allowed to land 
for the purpose of so reshipping , and may be paid off , discharged , 
and permitted to remove his effects , anything in such laws or treaties 
or in this Act to the contrary notwithstanding , provided due notice 
of such proposed action first be given to the principal immigration 
officer in charge at the port of arrival. 

Sec. 34. That any alien seaman who shall desert his vessel in a port 
of the United States or who shall land therein contrary to the pro¬ 
visions of this Act shall be deemed to be unlawfully in the United 
States and shall , at any time within three years thereafter , upon the 
warrant of the Secretary of Commerce and Labor , be taken into 
custody and brought before a board, of special inquiry for examination 
as to his qualifications for admission to the United States , and if not 
admitted said alien seaman shall be deported at the expense of the 
appropriation for this Act as provided in section twenty of this Act. 

Sec. 35. That it shall be unlawful for any vessel carrying pas¬ 
sengers between a port of the United States and a port of a foreign 
country , upon arrival in the United States , to have on board employed 
thereon any alien afflicted with idiocy , imbecility , insanity , epilepsy , 
tuberculosis in any form , or a loathsome or dangerous contagious dis- 


IMMIGRATION OF ALIENS, ETC. 


23 


ease, if it appears to the satisfaction of the Secretary of Commerce 
and Labor, from an examination made by a medical officer of the 
United States Public Health Service , and is so certified by such 
officer, am/ swtfA was s<9 afflicted at the time he was shipped 

or engaged and taken on board such vessel and that the existence 
of such affliction might have been detected by means of a competent 
medical examination at such time; and for every such alien so afflicted 
on board any such vessel at the time of arrival the owner, agent, con¬ 
signee, or master thereof shall pay to the collector of customs of the 
customs district in which the port of arrival is located the sum of 
twenty-five dollars; and no vessel shall be granted clearance pending 
the determination of the question of the liability to the payment of 
such fine and while it remmns unpaid: Provided, That clearance may 
be granted prior to the determination of such question upon the de¬ 
posit of a sum sufficient to cover such fine: Provided further, That 
such fine may, in the discretion of the Secretary of Commerce and 
Labor, be mitigated or remitted. 

Sec. 36. That upon arrival of any vessel in the United States 
from any foreign port or place it shall be the duty of the owner, 
agent, consignee, or master thereof to deliver to the principal immi¬ 
gration officer in charge of the port of arrival lists containing the 
names of all aliens employed on such vessel, stating the positions 
they respectively hold in the ship's company, when and where they 
were respectively shipped or engaged, and specifying those to be paid 
off and discharged in the port of arrival; or lists containing so much 
of such information as the Secretary of Commerce and Labor shall 
by regulation prescribe; and after the arrival of any such vessel it 
shall be the duty of such owner, agent, consignee, or master to report 
to such immigration officer, in writing, as soon as discovered, all cases 
in which any such alien has deserted the vessel, giving a description 
of such alien, together with any information likely to lead to his ap¬ 
prehension; and before the departure of any such vessel, it shall be 
the duty of such owner, agent, consignee , or master to deliver to such 
immigration officer a further list containing the names of all alien 
employees who were not employed thereon at the time of the arrival, 
but who will leave port thereon at the time of her departure, and also 
the names of those, if any, who have been paid off and discharged, 
and of those, if any, who have deserted or landed or been duly ad¬ 
mitted; and in case of the failure of such owner, agent, consignee, or 
master so to deliver either of the said lists of such aliens arriving and 
departing, respectively, or so to report such cases of desertion. or 
landing, such owner, agent, consignee , or master shall. if required 
by the Secretary of Commerce and Labor, pay to the collector of cus¬ 
toms of the customs district in which the port of arrival is located 
the sum of ten dollars for each alien concerning whom correct lists 
are not delivered or a true report is not made as above required; and 
no such vessel shall be granted clearance pending the determination 
of the question of the liability to the payment of such fine and. in 
the event such fine is imposed, while it remains unpaid, nor shall 
such fine be remitted or refunded: Provided, That clearance may be 
granted prior to the determination of such question upon deposit of 

a sum sufficient to cover such fine. . 7 

Sec. 37. The word “person ” as used in this Act shall be construed 

to import both the plural and the singular, as the case may be, and 


24 


IMMIGRATION OF ALIENS, ETC. 


shall include corf orations, companies, and associations. When con¬ 
struing and enforcing the provisions of this Act, the act , omission, 
failure of any director, officer, agent, ar employee of any corpora¬ 
tion, company, < 9 ^ association acting within the scope of his employ¬ 
ment or office shall in every case be deemed to be the act, omission, 
or failure of such corporation, company, ar association, as as 
of the person acting for or in behalf of such corporation, com¬ 
pany, or association . 

7 7 Aa£ except as otherwise provided in section 

three, shall take effect and be enforced from and after July first, 
nineteen hundred and thirteen. The Act of March twenty-sixth, 
nineteen hundred and ten, amending the Act of February twentieth, 
nineteen hundred and seven, to regulate the immigration of aliens 
into the United States; the Act of February twentieth, nineteen hun¬ 
dred and seven, to regulate the immigration of aliens into the United 
States, except section thirty-four thereof / the Act of March third, 
nineteen hundred and three, to regulate the immigration of aliens 
into the United States, except section thirty-four thereof; and all 
other Acts and parts of Acts inconsistent with this Act are hereby 
repealed on and after the taking effect of this Act: Provided, That 
this Act shall not be construed to repeal, alter, or amend existing 
laws relating to the immigration or exclusion of Chinese persons or 
persons of Chinese descent, nor to repeal, alter, or amend section six, 
chapter four hundred and fifty-three, third session Fifty-eighth Con¬ 
gress, approved, February sixth, nineteen hundred and five, or the 
Act approved August second, eighteen hundred and eighty-two, en¬ 
titled “An Act to regulate the carriage of passengers by sea, v and 
amendments thereto: Provided, That nothing contained in this Act 
shall be construed to affect any prosecution, suit, action, or proceed¬ 
ings brought, or any act, thing, or matter, civil or criminal, done or 
existing at the time of the taking effect of this Act, except as men¬ 
tioned in the last proviso of section nineteen hereof / but as to all 
such prosecutions, suits, actions, proceedings, acts, things, or matters, 
the laws or parts of laws repealed or amended by this Act are hereby 
continued in force and effect. 

John L. Burnett, 

Augustus P. Gardner, 

Managers on the part of the House. 

H. C. Lodge, 

Wm. P. Dillingham, 
Managers on the part of the Senate. 



The managers on the part of the House at the conference on the 
disagreeing votes of the two Houses on the amendments of the House 
to the Senate bill (S. 3175) regulating the immigration of aliens, 
submit the following detailed statement in explanation of the effect 
agreed upon and recommended in the conference report: 

The Senate having disagreed to the entire House amendment, 
which in its turn had stricken out the entire Senate bill, the whole 
subject of immigration came before the conference committee. 

The bill as it passed the House contained no features except the 
illiteracy test. The Senate bill contemplated many changes in the 
law and an illiteracy test substantially similar to that proposed in 
the House, the principal difference being that the Senate included 
“ writing ” in its test and differed somewhat from the House as to 
the admissibility of illiterate relatives of qualified immigrants. On 
all substantial matters of difference between the Senate and the 
House touching the illiteracy test the Senate receded. 

The principal changes in existing law proposed by the Senate to 
which the managers on the part of the House agreed are as follows: 

First. An increase of the head tax from $4 to $5 per alien. 

Second. The exclusion of aliens not eligible for naturalization. 

Third. Making it permissible for the Secretary of Commerce and 
Labor to decide beforehand as to the necessity of importing such 
skilled contract labor as is now admissible under the existing contract 
labor law. 

Fourth. Providing more severe penalties for transportation lines 
which violate the law against advertising for immigrants and which 
bring to the United States aliens who are ineligible to enter. 

Fifth. Providing for matrons, inspectors, and surgeons on immi¬ 
grant ships at the discretion of the Secretary of Commerce and Labor. 

Sixth. Providing machinery for compelling the attendance and 
testimony of witnesses before the immigration authorities when re¬ 
quired. 

Seventh. Providing for the deportation of aliens who become 
criminals within three years subsequent to entry. 

Eighth. Providing for interior immigrant stations. 

Ninth. Providing against the illegal entry of seamen and stow¬ 
aways. 

Tenth. Permitting aliens to be represented by counsel in the case 
of appeals from the decisions of boards of special inquiry. 

Eleventh. Providing experts in insanity at large ports of entry. 

Twelfth. A definition of the meaning of the word “ alien ” where 
it appears in the bill. 


25 


26 


IMMIGRATION OF ALIENS, ETC. 


A provision was added in conference requiring the production of 
penal certificates in certain cases for the purpose of facilitating the 
execution of that part of the Senate bill and of the present law which 
relates to the exclusion of criminals. 

John L. Burnett, 

Augustus P. Gardner, 
Managers on the part of the House . 



















































































































